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Islam And Whistle Blowing: The Modus Operandi By: Nasir Wada Khalil Sharia Court of Appeal, P.M.B. 3221, Kano - Nigeria
INTRODUCTION: The concept of whistleblowing is situated within the horizon of business ethics in organisaton or government establishment, with the objective of promoting truth and saving the society from being harmed. These conventional motives of whistleblowing are similar with that of Islamic general motives, because, the central message of Islam revolves around ethics. It is paramount to note that “Islam is an ethical setup”. In the definition of the word "Al-Birr" in the holy Qur'an (one of the key words explaining the concept of ethics in Islam) we can see that, every thing Isl amic is impliedly involved in the definition, starting from the matter of faith to the cases of interpersonal relations (i.e. Al-Mu'amalat) the verse reads: (Translation of the meaning)
It is not righteousness that ye turn your faces to the East and West, but righteous is he who believeth in Allah and the last day and the angels and the scripture and the prophets, and giveth his wealth for lone of him, to kinsfolk and orphans and the needy and the wayfarer and to those who ask, and to set slaves free and observeth proper worship and payeth the poor-due. And those who keep their treaty when they make one, and the patient in tribulation and adversity and time of stress, such are those who are sincere, such are the God fearing. (Qur'an 2:177).
We can also trace the shadow of this multi-dimensional system of Islamic ethical values from the famous Hadith of the Apostle of Allah, whilst He (the prophet) refers to the whole religion as a set of ethics. He said "I was sent to complete the set of ethics".The answer Aisha (R.T.A.) gave to the person who asked her about the norms and the ethics of the prophet (SAW) shades more light about it. She said: "His etiquette is the Qur'an" which means, the whole religion as explained by the holy Qur'an.
Generally, the key words that summarise the act thar we can call ethics in Islam are, as enumerated by Beekun (2001): Khair (goodness) birr (righteousness) qist (equity) adl (equilibrium and justice) haqq (truth and right) ma'aruf (know and approved) and taqwa (piety) pious actions are described as Salihat while the impious as sayyiat (Beekun: 2001 p.2). The most important distinction between Islamic ethics and other secular ethical values can be seen from the point of view of worship (Ibadah). According to Yusuf Al-qaradawy, "…. whenever a Muslim follows up a good intentions with a permissible action, his action becomes an act of worship" (Beekun, 2001: p.2.).
Thus, we can see that there is no room for egoism in Islamic ethical values as manifested in the concept of relativism, no room for profit maximization as in the micro economic approach, and no room to the ideology of "the end justifies the means" as in the universalism. The goal Islam is willing to achieve by ethics is the refinement and purification of soul, as explained by Ghazali "ethic is the characteristics and moral constitution of soul" (Ashraf ,1963) The main features of Islamic ethics are at the same time, the means of soul purification and refinement, Unity, equilibrium, freewill, responsibility and benevolence.
CONVENTIONAL CONCEPTION OF WHISTLEBLOWING
According to Lizabeth(undated )whistleblowing is the term used to define an employee’s decision todisclose this information to an authority figure(boss, media, government official).similarly Fisher, et al.(1999)defined whistle blowing as the decision of an employee to imform on illegal or unethical practices in the workplace. where as a whistleblower is the term used to describe a person that alerts civil authorities of wrongful acts being committed. Martin (1999) sees it as “the unauthorized disclosure of information that an employee reasonably believes is evidence of the contravention of any law, rule or regu lation, code of practice, or professional statement, or that involves mismanagement, corruption, abuse of authority, or danger to public or worker health and safety”
There are several characteristics of individual whistle blowers, many of them seem to recount in detail, the circumstances surrounding their case, corroborative information is offered in the form of media accounts, copies of letters, reports and other documents. Themes developed by many whistle blowers on the web is "Support-past, present, and future" and nearly all of them make clear that their action has exacted a considerable toll. (Fisher, et al., 1999)
Conditions or Ethics for whistle blowing
The act of whistleblowing is seen by Bok (1980) as violation of loyalty to an organisation, Bowie (1982) is of the same opinion, but sees limitation to it, that can be overridden by some circumstances. These conditions enumerated by Bowie (p. 182; cited in Viten 1994, p. 15) in some detail:
· that the act of whistleblowing stem from appropriate moral motive of preventing unnecessary harm to others; · that the whistleblower use all available internal procedures for rectifying the problematic behavior before public disclosure, although special circumstances may preclude this; · that the whistleblower have ‘evidence that would persuade a reasonable person’; · that the whistleblower perceive serious danger that can result from the violation; · that the whistleblower act in accordance with his or her responsibilities for ‘avoiding and/or exposing moral violations’; · That the whistleblower’s actions have some reasonable chance for success.
Conversely, Duska (1997) against the notion of loyalty, because in his perception, loyalty exist only in personal relationship, however, Duska’s argument does not contradict the conditions laid by Bowie which warrant whistleblowing. CONSEQUENCESOrganisation /Society
Whistleblowing leads to good and bad results. First, the benefits of carefully considered whistleblowing can lead to the end of unethical business practices. The lives of individuals and whole communities have been saved by whistleblowers. Severe damage to the environment has been stopped by the actions of one individual who 'blew the whistle' on an unethical employer.
The actions of whistleblowers are potentially beneficial to society. Businesses that engaged in unethical practices have been shut down because of the actions of whistleblowers. Lives have been saved, and severe damage to the environment has been averted because of the courage and persistence of whistleblowers.
Blowers
The consequences of whistleblowing are often extreme and include possible firing, civil action, or even imprisonment upon the person that blew the whistle. Furthermore, an employee may want to follow the rule of "chain of command" – that is, begin to discuss issues of whistleblowing with his or her immediate supervisor first, before discussing the matter with anyone else, but even that can intimidate him along the line.
ISLAM AND WHISTLEBLOWING
To view the concept of whistleblowing Islamically, there is need to trace its origin which could be found in the context of ethics, ethics as part of Islamic teaching guides the conduct of human life both personally and in the work place. The term most closely related with ethics in the Qur'an is khuluq as in chapter 68:4 where Allah (SWT) is describing His Apostle: "And verily, for you (O Muhammad) are an on exalted standard of character." this verse impliedly defined ethics as standard character. Abu Hamid Muhammad Al Ghazal i defined ethics as the characteristics and moral constitution of soul (Ashraf: 1963). Beekun (2001) defined it as "the set of moral principles that distinguish what is right from what is wrong." in the opinion of Beekun, ethics is a normative field because it prescribes what man should do or abstain from doing.
Some substances of whistleblowing can be sorted out in Islam from areas of Al-shahada(witness attestation), It is your God that you serve by so doing, you are obliged to discharge the duty of attestation(and not to hide the evidence) when you get in touch with an information about wrongdoing or unlawful act. Qur'an 2:283 gives more account of that: (translation of the meaning) "….. And conceal not the evidence for he who hides it surely his heart is sinful, and Allah, is all-knower of what you do".
POSITION OF WHISTLE BLOWING IN ISLAM
Whistleblowing being lawful in Islam, then has to be either a duty on a Muslim or a right. In the former, one can not ignore it, where as in the latter it can be ignored depending upon the choice of the person concerned. However, if we look at it from the angle of Amru bil Maaruf , (enjoining goodness) Wal Nahyi an Al Munkar (and forbidding wrongdoing) or from the point of view of Shahada (witness attestation) which is mandatory upon Muslims, then whistleblowing is a "duty" because the purpose of whistleblowing is the same as that of 'enjoining goodness and forbidding wrongdoing'.
whistleblowing is one of the three stages of Iman, as narrated from Abi Saiydil Khudri (R.A): I heard the prophet of Allah (P.B.U.H.) saying "He who saw Munkar (wrongdoing) amongst you should prevent it with his hand, if unable to, then with his mouth (i.e. whistle blowing), if unable to, then (dislike it) in his heart and that is the least of faith."
ISLAMIC CONDITIONS
The conditions listed by Bowie contain morality, prevention of harm, truth, and replacing bad with good. Islam also has the same philosophy with regard to issues of public disclosure:
Jabir (R.A) Narrated a Hadith from the Holy Prophet (S.A.W.) "Discussions are confidential (not subject to disclosure) except in three places: "Shedding unlawful blood, Unlawful cohabitation and Unlawful accumulation of wealth". Narrated by Abu Dawud. Another Hadith Narrated from Zaid Bn Khalid; the prophet (SAW) says: "May I tell you who is the best witness? He who testify his witness before asked to do so". Clearly this Hadith is stimulating us to blow the whistle whether we are asked or not, provided it will have moral bene fit to the socIety. However, Sayyid Sabiq while commenting on this Hadith in his book Fiqh al-Sunnah; pointed out that; disclosure is not compulsory except when invited by the authority concerned e.g. court, but doing it is the best, nonetheless if there is loss of rights then it is compulsory to disclose it before you are asked, (Sabiq ,237).
Al-shibrakhiti while explaining the Hadith, that outlined the stages of Iman, pointed out the conditions of inability which includes: anything that will prevent a person from doing so, such as; death, mutilation of his body or loosing his wealth. This is similar with the Bowie’s last condition, which mentions chances of success.
As a good Muslim, one has to discharge all the duties (including whistle blowing) that are said to be of obligatory nature and part of Iman, with no expectation of any worldly incentive or extra protection, apart from the general Islamic protection given to individuals. Islam recognises freedom of expression, and therefore, a whistle blower is guaranteed by Islam, the protection of his life, wealth, family, and from any kind of harm or victimization.
CONSEQUENCES
Whistleblowing mostly lead to good results in the society, but a negative consequence to the ‘blower’, such as ostracism, demotion, dismissal, reprimands, blacklisting as well as all chances of hardship and difficulty, because of the possible resistance by those against whom the whistle is being blown. In Islam tolerance was stated as synergy.(Qur'an3:110) "…….. and forbid (people) from all that is evil and bad and bear with patience whatever befalls you, verily these are some of the important commandments ordered by Allah with no exemption".
Qutub in his magnum-opus, "In the shade of Qur'an" commentary of the holy Qur'an, while commenting on the verse that narrated the story of Luqman (R.A.) leaving a Will to his son, as it is in the verse: "O my son! offer prayers perfectly, enjoin (people) to all that is good, and forbid (people) from all that is evil and bad and bear with patience whatever befalls you. Verily, these are some of the important commandments ordered by Allah with no exemption." (Qur'an31: 17)
Qutub sees this verse as explaining the concept of holding Akida (belief) that for one to be faithful has to enjoin goodness, forbid wrongdoing and endure/forbear the unavoidable difficulties that are with faith. From this verse one can see that, like any other business or activity whistleblowing is neither risk free nor easy work, but tolerance and endurance are necessary, especially in countries like Nigeria. Where there is need of whistleblowing almost in every aspect and there seem no accommodation for it (i.e. whistleblowing) but rat her retaliation and intimidation for any one who makes an attempt. INSTANSCES OF WHISTLEBLOWING IN ISLAMIC HISTORY
Caliph Umar(R.A), whilst delivering a sermon of Juma'at prayer inside the mosque, wearing two wrappers, and was questioned by someone as to where he got the second wrapper from, because the questioner was aware of the source of the wrappers, and the number allotted to each person. Umar, then, called his son, Abdullahi (R.A), to explain to the public that; it was he (Abdullahi) who sacrificed his own share, due to the inadequacy of one wrapper for the rather tall Umar.
Similarly, during the reign of Umar, one day, Umar while passing by a small house, the Caliph heard whispering from within. A mother was telling her daughter that the amount of milk fetched by her, for sale that day was very little. She further told her that, when she was young, and used to sell milk, she always mixed water in the milk, and that led to considerable profit. She advised her daughter to do the same.
The daughter replied, "You adulterated milk, when you were not a Muslim. Now that we are Muslims, we cannot adulterate milk.Have you forgotten the Caliph's order? He wants that the milk should not be adulterated." The mother said, "But the Caliph has forgotten us. We are so poor, what else should we do but adulterate the milk in order have a large profit?" The daughter said "Such a profit would not be lawful, and as a Muslim, I would not do anything which is agaInst the orders of the Caliph, and whereby other Muslims are deceived."
The mother said, "But there is neither the Caliph nor any of his officers here to see what we do. Daughter you are still a child. Go to bed now and tomorrow I myself will mix the milk with water for you." The girl refused to fall in with the plan of her mother. She said, "Caliph may or may not be here, but his order must be obeyed. My conscience is my Caliph. You may escape the notice of the Caliph and his officers, but how can we escape the notice of Allah and our own conscience?" Thereupon the mother remained quiet. The lamp was extinguished and the mother and the daughter went to sleep. The next day, Caliph Umar sent a man to purchase milk from the girl. The milk was unadulterated. The girl kept her resolve.
CONCLUSION AND RECOMMENDATIONS
Islam recognizes any profession that does not contradict its teachings, irrespective of where it comes from, and any profession that encourages moral conduct in any endeavor of life, (if called Islamic) one could not be wronged. Islam has a base for anything and everything that exists can be distinguished as either halal (lawful), haram (unlawful), makruh (disliked) mustahab (recommended) or mandub (optional). Whistleblowing in a business organization that has the motive of bringing prudence, transparency and accountability is not only halal (lawful) but also wajib (obligatory) depending upon what the condition warrants.
Whistleblowing should be regarded as a practical suggestion box to leader, managers and any body in the position of authority. The blower should be treated positively, the issue or information he brought must be investigated squarely, and the action has to be taken considerately. At times the action taken can be soft but touching: As in the case of one of the companion of the Holy Prophet during the reign of Caliph Umar (R.A). It was reported to Umar that; one of the companion of the Holy Prophet was into excessive alcohol drinking at sham (Syria), then Umar wrote a portion of the initial part of Suratul Gafir and up to…….. the forgiver of sin, the accepter of repentance, the severe in punishment, the Bestower (of favours), None has the right to be worshipped but He, to Him is the final return (Qur'an 40: 1-3). The lesson attached to this, is that, when the whistle is blown, the first thing is to scold or remind the wrong doer, then if he persists, appropriate action should be taken. Although, when such action has an effect on the public, punishment most be done instantaneously.
Al-shibrakhiti explains the modus operandi of whistle blowing, by saying: "You can achieve with softness and strategy, what you can achieve with sword and armament". This indicates observing proper channels, be it bureaucratic or otherwise, and where one has legal backing or guarantee of safety. As stated in the tradition of the Holy Prophet (SAW) that "War is of strategy". Thus, Whistle blowing should be done in a most logical, strategic but effective manner.
Let me conclude by saying; what will take the society to a higher spiritual and ethical life, (absence of which the society will be in dilemma) is always binding on the Muslim Ummah, or else they will be in persistent misery, because the Holy Prophet: "You either enjoin goodness or forbid wrongdoing or we put the coward to be your leaders and the best among you to pray and will not be answered".
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